Bill Text: IN HB1242 | 2010 | Regular Session | Amended
Bill Title: Credit time for behavior management programs.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-02-02 - Representative Turner added as coauthor [HB1242 Detail]
Download: Indiana-2010-HB1242-Amended.html
Citations Affected: IC 11-10; IC 35-50.
Synopsis: Credit time for behavior management programs. Requires
the department of correction to establish, implement, and maintain an
offender behavior management program. Provides that an offender who
completes a behavior management program may receive good time
credit.
Effective: July 1, 2010.
January 12, 2010, read first time and referred to Committee on Judiciary.
January 28, 2010, reported _ Do Pass.
February 1, 2010, read second time, amended, ordered engrossed.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
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A BILL FOR AN ACT to amend the Indiana Code concerning
corrections.
Chapter 16. Behavior Management Program
Sec. 1. (a) The department shall establish, implement, and maintain a program to allow offenders to participate in a behavior management program.
(b) The behavior management program must include instruction:
(1) concerning successful reentry and rehabilitation; and
(2) promoting nonviolence.
(c) The goals of the program must include reducing:
(1) offender misconduct;
(2) prison violence; and
(3) recidivism.
(d) The department shall determine the qualifications for an offender to participate in the behavior management program.
(e) An offender may not receive credit time under this chapter for participating in a sex offender treatment program or any other sex offender program.
(f) An inmate who is serving a sentence for a conviction of a crime listed in IC 35-38-2.5-4.7(1) must participate in a behavior management program approved and recommended by the department.
(1) is in credit Class I;
(2) has demonstrated a pattern consistent with rehabilitation; and
(3) successfully completes requirements to obtain one (1) of the following:
(A) A general educational development (GED) diploma under IC 20-20-6, if the person has not previously obtained a high school diploma.
(B) A high school diploma, if the person has not previously obtained a general educational development (GED) diploma.
(C) An associate's degree from an approved postsecondary educational institution (as defined under IC 21-7-13-6(a)).
(D) A bachelor's degree from an approved postsecondary educational institution (as defined under IC 21-7-13-6(a)).
(b) In addition to any credit time that a person earns under subsection (a) or section 3 of this chapter, a person may earn credit time if, while confined by the department of correction, the person:
(1) is in credit Class I;
(2) demonstrates a pattern consistent with rehabilitation; and
(3) successfully completes requirements to obtain at least one (1) of the following:
(A) A certificate of completion of a career and technical education program approved by the department of correction.
(B) A certificate of completion of a substance abuse program approved by the department of correction.
(C) A certificate of completion of a literacy and basic life skills program approved by the department of correction.
(D) A certificate of completion of a behavior management program described in IC 11-10-16.
(c) The department of correction shall establish admissions criteria and other requirements for programs available for earning credit time
under subsection (b). A person may not earn credit time under both
subsections (a) and (b) for the same program of study.
(d) The amount of credit time a person may earn under this section
is the following:
(1) Six (6) months for completion of a state of Indiana general
educational development (GED) diploma under IC 20-20-6.
(2) One (1) year for graduation from high school.
(3) One (1) year for completion of an associate's degree.
(4) Two (2) years for completion of a bachelor's degree.
(5) Not more than a total of six (6) months of credit, as
determined by the department of correction, for the completion of
one (1) or more career and technical education programs
approved by the department of correction.
(6) Not more than a total of six (6) months of credit, as
determined by the department of correction, for the completion of
one (1) or more substance abuse programs approved by the
department of correction.
(7) Not more than a total of six (6) months credit, as determined
by the department of correction, for the completion of one (1) or
more literacy and basic life skills programs approved by the
department of correction.
(8) Not more than a total of six (6) months credit, as
determined by the department of correction, for the
completion of one (1) or more behavior management
programs under IC 11-10-16, as determined by the
department of correction.
However, a person who does not have a substance abuse problem that
qualifies the person to earn credit in a substance abuse program may
earn not more than a total of twelve (12) months of credit, as
determined by the department of correction, for the completion of one
(1) or more career and technical education programs approved by the
department of correction. If a person earns more than six (6) months of
credit for the completion of one (1) or more career and technical
education programs, the person is ineligible to earn credit for the
completion of one (1) or more substance abuse programs.
(e) Credit time earned by a person under this section is subtracted
from the release date that would otherwise apply to the person after
subtracting all other credit time earned by the person.
(f) A person does not earn credit time under subsection (a) unless
the person completes at least a portion of the degree requirements after
June 30, 1993.
(g) A person does not earn credit time under subsection (b) unless
the person completes at least a portion of the program requirements
after June 30, 1999.
(h) Credit time earned by a person under subsection (a) for a
diploma or degree completed before July 1, 1999, shall be subtracted
from:
(1) the release date that would otherwise apply to the person after
subtracting all other credit time earned by the person, if the
person has not been convicted of an offense described in
subdivision (2); or
(2) the period of imprisonment imposed on the person by the
sentencing court, if the person has been convicted of one (1) of
the following crimes:
(A) Rape (IC 35-42-4-1).
(B) Criminal deviate conduct (IC 35-42-4-2).
(C) Child molesting (IC 35-42-4-3).
(D) Child exploitation (IC 35-42-4-4(b)).
(E) Vicarious sexual gratification (IC 35-42-4-5).
(F) Child solicitation (IC 35-42-4-6).
(G) Child seduction (IC 35-42-4-7).
(H) Sexual misconduct with a minor as a Class A felony, Class
B felony, or Class C felony (IC 35-42-4-9).
(I) Incest (IC 35-46-1-3).
(J) Sexual battery (IC 35-42-4-8).
(K) Kidnapping (IC 35-42-3-2), if the victim is less than
eighteen (18) years of age.
(L) Criminal confinement (IC 35-42-3-3), if the victim is less
than eighteen (18) years of age.
(M) An attempt or a conspiracy to commit a crime listed in
clauses (A) through (L).
(i) The maximum amount of credit time a person may earn under
this section is the lesser of:
(1) four (4) years; or
(2) one-third (1/3) of the person's total applicable credit time.
(j) The amount of credit time earned under this section is reduced
to the extent that application of the credit time would otherwise result
in:
(1) postconviction release (as defined in IC 35-40-4-6); or
(2) assignment of the person to a community transition program;
in less than forty-five (45) days after the person earns the credit time.
(k) A person may earn credit time for multiple degrees at the same
education level under subsection (d) only in accordance with guidelines
approved by the department of correction. The department of
correction may approve guidelines for proper sequence of education
degrees under subsection (d).
(l) A person may not earn credit time:
(1) for a general educational development (GED) diploma if the
person has previously earned a high school diploma; or
(2) for a high school diploma if the person has previously earned
a general educational development (GED) diploma.
